Surgibit IP Holdings Pty Limited v Ellis (No 3)

Case [2017] NSWSC 1479



Supreme Court

New South Wales

Case Name: 

Surgibit IP Holdings Pty Limited v Ellis (No 3)

Medium Neutral Citation: 

[2017] NSWSC 1479

Hearing Date(s): 

On the papers

Date of Orders:

27 October 2017

Decision Date: 

27 October 2017

Jurisdiction: 

Common Law

Before: 

Adamson J

Decision: 

(1) Order the first defendant to pay the plaintiff’s costs of the proceedings.

Catchwords: 

COSTS – no reason to depart from general rule that costs follow the event – no question of principle

Legislation Cited: 

Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Category: 

Costs

Parties: 

Surgibit IP Holdings Pty Limited (ACN 110 194 628)
(First Plaintiff)
Orthopedic Innovation Pty Ltd (ACN 101 791 084) (Second Plaintiff)
Liam Patrick Ellis (First Defendant)
Cingular Pty Ltd (Second Defendant)

Representation: 

Counsel:
J Hogan-Doran (Plaintiffs)
P Cutler and J Tat (First Defendant)
 
Solicitors:
Shelston IP Lawyers (Plaintiffs)
DTL Legal (First Defendant)

File Number(s): 

2015/84790

JUDGMENT

  1. I delivered reasons for judgment in this matter on 11 October 2017: Surgibit IP Holdings Pty Limited v Ellis (No 2) [2017] NSWSC 1379 and ordered judgment in the sum of $1,131,891 (the calculation of which was agreed) on 18 October 2017.

  2. The plaintiff seeks its costs of the proceedings. The first defendant does not consent to an order that he pay the plaintiff’s costs of the proceedings. Both parties agree that the appropriate costs order should be determine on the papers.

  3. Although the first defendant does not consent to an order that he pay the plaintiff’s costs of the proceedings, he has raised no reason why costs ought not follow the event.

  4. The first defendant opposed the enforcement of a foreign judgment on the basis that it contained a penal element and ought not be enforced by this Court. I rejected that argument in respect of each of the amounts claimed by the plaintiff (triple damages and attorneys fees). As the plaintiff has been wholly successful, I am not persuaded that there is any reason to depart from the usual consequence that costs follow the event: Uniform Civil Procedure Rules 2005 (NSW), r 42.1.

  5. For these reasons I make the following order:

    (1)Order the first defendant to pay the plaintiff’s costs of the proceedings.

    **********

Details
AGLC
Surgibit IP Holdings Pty Limited v Ellis (No 3) [2017] NSWSC 1479
Case
[2017] NSWSC 1479
Decision Date

CaseChat Overview and Summary

The matter before the court involved Surgibit IP Holdings Pty Limited and Ellis, concerning a dispute in relation to intellectual property rights. The case was heard in the Federal Court of Australia. The primary issue before the court was whether the general rule that costs follow the event should be departed from in this case. The court was required to decide whether there were any exceptional circumstances that warranted a deviation from the general rule.

The court considered whether there were any principles or circumstances that would justify a departure from the standard approach to costs in this case. It was noted that there was no question of principle that necessitated such a departure. The court emphasised that the general rule of costs following the event was a fundamental principle in Australian law and should be adhered to unless there were exceptional circumstances present.

In reaching its decision, the court relied on established legal principles and jurisprudence. It was held that the party that had prevailed in the proceedings was entitled to costs in accordance with the general rule. The court found that there were no exceptional circumstances that warranted a departure from this principle. The court's reasoning was grounded in the need to maintain consistency and predictability in the legal system.

The final orders of the court confirmed that the prevailing party was entitled to costs in accordance with the general rule. No departure from the standard approach to costs was warranted in this case, and the costs were to follow the event. The court's decision reinforced the importance of adhering to established legal principles in the allocation of costs.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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